Nova Southeastern University Student Handbook 57 • Information that the applicable university procedures were not followed and the deviance would substantially alter the outcome. • The sanction(s) do not relate appropriately to the violation(s). A written decision will be provided by the vice president of Student Affairs, or designee, within 30 calendar days of receipt of the appeal request. The decision of the vice president of Student Affairs, or designee, will be final. D.5 University Title IX/Sexual Misconduct Disciplinary Procedures All reports of sexual misconduct are subject to the Title IX/Sexual Misconduct Policy and accompanying procedures found at nova.edu/title-ix. Any questions about the Title IX/Sexual Misconduct Policy and related procedures may be addressed to the Title IX coordinator. Reports of sexual misconduct outside of the jurisdiction of Title IX may be referred for review under the university disciplinary procedures. In cases where the reported behavior may constitute sexual assault, domestic violence, dating violence, and/or stalking, the disciplinary procedures will include the procedural rights required by federal law. These include a prompt, fair, and impartial disciplinary proceeding in which the respondent(s) and complainant(s) are provided with • equal opportunities to have others present, including an adviser of their choice • simultaneous written notification of the result of the proceeding and any available appeals procedures • timely notice of meetings • timely and equal access to information that may be used during informal and formal disciplinary meetings and hearings E. Additional Grievance Procedures Available E.1 Grievance Procedure for Discrimination Based on Disability Disability discrimination can occur whenever a qualified individual with a disability is denied the same equal opportunities as other university students, faculty and staff members, and third parties, because of their disability status. Under applicable disability laws, an individual with a disability is a person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. Temporary, nonchronic impairments that do not last for a long time and that have little or no long-term impact usually are not disabilities. The determination of whether an impairment is a disability is made on a case-by-case basis. a. What is a “major life activity” under the law? To be considered a person with a disability, the impairment must substantially limit one or more major life activities. Examples of major life activities include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, and caring for oneself.
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